Revolutionary War Pension and Bounty Land Warrant Application File W. 23,078, Bartholomew Garvey, Penn.

SERVICE
NUMBER
Perrin
Garvey, Bartholomew Eleanor
W 23,078 B.L.Wt. 1652-100
CONTENTS

To Messrs of Columbia & Frederick 1831 100 th seat to Hon. A. Gilmore 9 in 1852 Hon. A. D. Mann June 14 1854
5717 No. 100 Quince  Pennsylvania Pittsburgh Eleanor Garry decd. widow of Bartholomew who died on the of Miller in the State of Penna who was a Private in the Artillery commanded by Captain PA of the Regiment in the Revolution time for two years
Inscribed on the Roll of Pittsburgh at the rate of 100 Dollars 00 Cents per annum, to commence on the 1st day of March, 1831. Enrg 23 d June 1851
Certificate of Pension issued the 3 rd day of March 1852 and sent to Hon. Alfred Gilmore Arrears to the 4 th of Aug R. Semi-annual allowance ending
{ Revolutionary Claim, Act July 4, 1836, Section the 5 th }  Recorded by W. Wigham Clerk, Book 2 Vol. 2 Page 368

Feby 27/52
Alma Mater H Rep of Penna
W. C. C.

State of Pennsylvania County of Butler } ss.
On this twelfth  fourth day of January A.D. 1852 before me President Judge of the Court of Common Pleas in and for the County of Butler, personally appeared in open Court, Thomas S. Garvy a resident of the County of Butler in the State of Penn- sylvania, aged sixty three years, who being first duly sworn accor- ding to law, declares that he is the only surviving son and heir at Law of Bartholemew Garvy and Eleanor Garvy, and makes the following declaration for the purpose of obtaining the benefits of the Act of Congress passed the 4 th day of July 1836 entitled "an act granting half pay to certain widows" and its Supple- ments
He States that his father the said Bartholemew Garvy, was a private in the Company Commanded by Captain Broadhead in the Regiment Commanded by Col. Andrew Porter, being the 8 th Regiment of Pennsylvania Volunteers, in the War of the Revolution: that he was enlisted or volunteered in the Service of the United States on or about the 10 th day of March A.D. 1782. for and during the War, and was present at the Battle of Brandywine &c (his Service will more fully and at large appear by reference to the proofs, records, and documents on file in the Pension Office at Washington hereafter to be referred to): and that he was honorably dis- charged at Pittsburgh, Penna in Jan y 1783.

and that he then moved to Westmoreland County, Penna, and was killed by the Indians at Chambers Block House in said County of Westmoreland on the 24th day of May A.D. 1792.
The said Bartholemew Garvey was married to the said Eleanor Garvey (whose name before her marriage was Eleanor Williams) in Philadelphia on the            day of            A.D. 1782 and had by her three children to wit: John Garvey, Mary Garvey, & Thomas S. Garvey; all of which will fully appear by reference to the proof of the services of Bartholemew Garvey his marriage to Eleanor and the legal heirship of the said John, Mary, & Thomas S. Garvey, filed in the Pension office or Land Office at Washington, where the said John Garvey and Mary Garvey & Thos. S. Garvey, as the heirs at law of the said Bartholemew Garvey and Eleanor Garvey drew a Land Warrant to wit No 1652, for the services of the said Bartholemew Garvey, in the Revolutionary War.
The said Eleanor Garvey died on the Twenty third day of June A.D. 1850) one thousand eight hundred and fifty and that she died the widow of the said Bartholemew Garvey having never been married after his death; The said John Garvey and Mary Garvey are both dead, and that they died without leaving lawful issue; and that the said Thomas S. Garvey is the only surviving heir at law. S. S. Gregory.

3 County of Butler & Sp.
I, John T. Bard Prothonotary of the Court of Common Pleas in and for the County of Butler do hereby certify that the foregoing deposition of Thos. S. Garvey was duly taken in open Court, before the the judges thereof at a Court of Common Pleas holden for the County of Butler on the 9 th day of January A.D. 1852.
In testimony whereof I have hereunto set my hand and seal of office at Butler the day and year aforesaid John T. Bard Pro
Butler County Sp
Before me the subscriber a Justice of the Peace in and for said County personally came Thomas S. Garvey above mentioned and being duly sworn as the law directs, declares that there is no record either public or private of the marriage of Bartholomew & Eleanor Garvey as the deponent believes, that he was informed by his mother that the family Bible containing the private family record, was carried away, by the Indians as is supposed, at the time my father was killed by them in 1792: that there is no person now living who was present at the said marriage, to my knowledge: James Burns late of Trumbull County Ohio, was the only person that I ever heard of being present at the marriage; and that he died some time last Spring, at

the advanced age of over one hundred years, as he told me when I last saw him; that the said James Burns was also a soldier of the revolution and has frequently told me he was present at the marriage of my father and mother, I think my mother has told me she was married by an Egrino Barragan, or Heragan of Philadelphia, but am not certain of the name.
My parents were married in 1782. My sister Mary was born the 29. July A.D. 1784. and died in May A.D. 1829. My brother John was born the 19. May A.D. 1786. and died in the Autumn of 1829. and I was born the 14. Feby. A.D. 1788. and will be sixty four years of age the 14 th of this month.
Sworn and subscribed before me this 9 th day of Feby A.D. 1852.
S. G. Purvis
J S Garen
State of Pennsylvania County of Butler
I John T. Bard Prothonotary of the Court of Common Pleas in and for said County do certify that Samuel G. Purvis before whom the foregoing deposition was taken is an Acting Justice of the peace in and for said county, duly commissioned and sworn, and to all intents as such full faith and credit are due, throughout the United States. In testimony of which I have hereunto set my hand and affixed the seal of my office at Butler this 9 th Feby. A.D. 1852.
J. T. Bard Pro

State of Pennsylvania } County of Butler } ss.
On this 10 th day of November A.D. 1851 before me one of the Judges of the Court of Common Pleas in and for the County of Butler, personally came Thomas S. Garvey a resident of the County of Butler in the State of Pennsylvania, aged sixty three years, who being first duly sworn according to law declares that he is the son of Bartholemew Garvey and Eleanor Garvey, and makes the following declaration for the purpose of obtaining the benefits of the Act of Congress passed the 7 th of July A.D. 1838, entitled "an act granting half pay and pensions to certain widows" and its supplements. He states that the said Bartholemew Garvey was a private in the Com- pany commanded by Captain Broadhead, in the Regiment Command- ed by Col. Andrew Porter, being the 8 th Regiment of Penna Volunteers, in the war of the Revolution; that he was enlisted on or about the day of A.D. 17 during the war, and was present at the Battle of Brandywine &c and was honorably discharged in Pittsburgh, Penna, in June A.D. 1783, and that he then moved into the County of Westmoreland, Penna, and was killed by the Indians at Chamber's Block House, in said County, on the 24 th day of May A.D. 1792.
That the said Bartholemew Garvey was married to the said Eleanor Garvey, (whose name before her marriage was Eleanor Williams) in Phil- adelphia, on the day of A.D. 17 and had by her three children, to wit, John Garvey, Mary Garvey, & Thos. S. Garvey, & that the said John & Mary Garvey died without

lawful issue before the year A.D. 1830, and that the said Garvey, died on the 23 rd day of June A.D. one thousand eight hundred and fifty one —, and that she died the widow of the said Bartholemew Garvey, having never been married, after his death; and that Thomas S. Garvey, the declarant, is the only lawful heir of the said Eleanor Garvey. Sworn and subscribed before me this 10 th day of Nov. A.D. 1857.
State of Pennsylvania Westmoreland County of North  £ 1
On this fifth day of November A.D. 1887. person- ally came before me a justice of the peace in and for the County of Westmoreland in the State of Penna, William M c Geasy, senior a true disinterested and credible witness, and being duly sworn according to law, declares and says that they  he was well acquainted with Bartholemew Garvey in his life time, and with Eleanor Garvey his widow, and that they were always deemed and reputed as husband & wife, and that the said Bartholemew was deemed and reputed a soldier of the Revolutionary war and that he died in the year A.D. 1792 at or near Chambers, Block House; and that the said Eleanor Garvey died at Westmoreland Co Penna on the 23 d — day of March 1887 , and that the said or above named John S. Garvey is the only surviving son & heir at law of the said Bartholemew Garvey & Eleanor Garvey; the said John.

Many Garvey having both died before the year A.D. 1838, without leaving lawful issue,
Sworn & subscribed before me this day of Jan aforesaid
Wm Magee
M c Guirk Justice of the Peace
State of Pennsylvania Westmoreland County p. Before the subscriber a Justice of the Peace for the county aforesaid personally appeared Hon. William Sack who on his solemn oath says that he is well acquainted with Thomas S. Garvey the present applicant. That he has been acquainted with him since the year Eighteen hundred. That at that time the said Garvey was a boy residing with his mother Eleanor Garvey on a farm adjoining my father's in Westmoreland County Pennsylvania. That the said Eleanor afterwards moved on to a farm of my father's. Deponent further states that the said Eleanor was at that time the reputed widow of Bartholemew Garvey who was reputed to have been killed by the Indians near Chambers' Block house. That Thomas S. Garvey is a man near sixty three years of age. There was great intimacy between my father's family and Eleanor's Garvey's. Sworn to & subscribed before me this 6 th Nov. A.D. 1851. Jacob Bell. (Wife J.P.)
William Sack

STATE OF PENNSYLVANIA,
WESTMORELAND COUNTY, ss.
W. Graham PROTHONOTARY of the Court of Common Pleas of the County of Westmoreland, in the Commonwealth of Pennsylvania, Do hereby certify that John Paul before whom the foregoing
affidavits were made and whose name, in his own proper handwriting, is to the foregoing certificate appended, was then and now acting JUSTICES OF THE PEACE, in and for said County of Westmoreland, duly elected and commissioned, and to all whose official acts and deeds full faith and credit are of right due.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of said Court, at Greensburgh, the Smith day of November, in the year of our Lord one thousand eight hundred and fifty-one
W. Graham Prothonotary.
July 27/52 Wm. Shuler Rel of Suma Smith

4 th Regiment
N o 76,844, H - $108,55-
Payrollmen Garrison or Garvey
see Page 105 Book B-
N o 77460 H - $80 extra
Page 189
77731 B. $50 75-
} Nov 7 783

State of Pennsylvania } County of Westmoreland }
We Thomas Garvey Catherine Morrison and Ann Garvey Ser d at Law of Bartholomew Garvey deceased Do, upon oath, testify and declare to the best of our knowledge and belief that Bartholomew Garvey did enlist in 1781, for the term of during the war, and served in the regiment No 2 of Artillery under the command of Colonel of the Pennsylvania line, that he continued in the service aforesaid until the end of the war of the Revolutionary War. We further declare that we have never received a warrant for the bounty land promised to the said Bartholomew Garvey (our father) on the part of the United States; nor do we believe that he ever received it, or transferred his claim to it in any manner whatsoever. Therefore we know all men by these presents, that we Thomas Garvey Catherine Morrison and Ann Garvey aforesaid, do hereby constitute and appoint John Gilmore to be our true and lawful attorney for me and in our names to demand and receive from the Secretary of War of the United States, a warrant for the quantity of land due to us as aforesaid, and our said attorney is hereby fully authorized and empowered to establish and appoint one or more substitutes or attorneys under him, for the special purposes above expressed. In witness whereof we have set our hands & seals this 14 th Day of June 1830
I have read the foregoing before me a Justice of the Peace James McCallagh In and for said County this 14 th day of June 1830
Signed and attested in the presence of J.P. McCallagh Wm Myers
Catherine Morrison Thomas Garvey Ann in Garvey

Westmorland Co. ss
Before me the Subscriber a justice of the Peace in and for said County personally appeared the within named Thomas Garvey Katharine Morrison & Anna Garvey Subscribers to the within letter of attorney & acknowledged the same to be their act and deed & desired that the same be recorded as such in witness whereof I have hereunto set my hand Seal this 11 th day of June. Anno Domini 1830.
James Mc Culloch
Westmorland County ss.
I Randal Mc Laughlin Prothonotary of the Court of Common Pleas of Westmorland County do hereby certify that James Mc Culloch Esquire before whom the within instrument of writing was acknowledged, was at the time of taking such acknowledgment, and now is an acting Justice of the Peace in and for said County duly commissioned and sworn, and to all whose acts and deeds as such full faith and credit are due.
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court at Greencastle, this Twenty first day of June. Eighteen hundred & thirty.
Randal Mc Laughlin Proth.

District N o Donation Lands
No 1714 200 "
Bartholomew Garvey Matrass
Wm Turnbull assignee
28 th Aug t 1787

N o 16974
In pursuance of an Act of General Assembly of the State of Pennsylvania passed the 24 th day of Feb y 1785 Entitled an Act for the mode of distributing the Donation Lands promised the Troops of this Commonwealth; and by order of the Surveyor General with the approbation of the Honorable the Supreme Executive Council, I have surveyed on the 19 th day of October 1785, the above described tract of Two hundred Acres of Land, Yallowance for Roads etc. N o 1714 situate in District N o 8. on the West side of the Allegheny River, in the County of Westmoreland
To John Lukens Esq r S r
Alexander M c Dowell D.S.
In Testimony, that the within is a copy of the Original, remaining in the Surveyor General's Office, I have hereunto set my hand, and affixed the seal of said Office, at Harrisburg, this 26 th day of Feb y 1822, for Sam l Cochran Esq r S r . Rich d C. D. Smith

Certificate
Thomas Farrey

Commonwealth of Pennsylvania We the undersigned, two Justices of the Peace in said Commonwealth Do certify that Bartholomew Garvey and his family Resided in Westmoreland County State of Pennsylvania in the year Seventeen hundred and Eightyfour and from that time until the Month of May in the year 1792 said Garvey was killed by the Indians, — and We do certify that the Widow with the Remainder of said Garvey's family has Resided in said County until the Present time — and that the Beadon-Thomas Garvey is a son and Heir of the said Garvey's Deceased Given under our hands and seals February 3 rd 1815
J. L. Anderson Doz Samuel Paul Doz
State of Pennsylvania County of Butler
I, John T. Baird Prothonotary of the Court of Common Pleas of said county do certify that Francis Anderson above named was at the date thereof a Justice of the Peace in and for the County of said, duly Commissioned and sworn. In testimony of which I have hereto set my hand and affixed the seal of my office at Butler Pa. this 10 th day of February A D 1852.
John T. Baird Pro

Application of Thomas S. Barry

Pension Office Aug 15 th 1852.
Sir, In reply to the enquiry contained in your letter of the 11 th inst, you are informed that Land Warrant N o 1652, for 100 acres, issued 30 th June, 1830, to Thomas Garvey, Son, & the other heirs at law, of Bartholomew Garvey, alias Garvey, who was a private in the Penn a Coast line.
I have the honor to be Very resp ly In o th St. Wilson for Comm r of Pensions
Wm Lloyd Gilmore W. of Dept s
(139)

Brief in the case of Eleanor Garry, widow of Bartholomew Butler County and State of Pennsylvania act of July 1831.
Claim, ("original," or " for increase. ")
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Record proof of service.
Traditionary proof of marriage, also proved by ages of children
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
Hon A. Gilmore 1407 R
J. Cole Examining Clerk.

House of Representatives
June 12. 1854
Dr Sir
Bartholomew Garney was a Revolutionary soldier and it is alleged that Pension money was recd by his son Thomas Garney about two years ago for his services. Can you inform me if any money was recd through your Department and how much.
Truly
Thos. D. Jones
Hon The Commr of Pensions

✓ No 7789
Eleanor Garvy, dec d widow of Bartholomew, a.
Act 4 July 1836.
Married 1782
Was d dec d 1792
(on Rolls Proctor's Abk ly for war)
Adm o 2 yrs fr m of Act ly p100 per annum
Comig 4 March 1831
& ending 23 June 1854
Payable to
Thomas S. Garvy, only surviving child
Pittsburgh
Wm Alfred Calmorse W of R

The Hon d John Gilmore April 18 14 1830
1652 Read new Kirtney
Recorded P 28 Vol 9.

Ans. ref. to Mr. Gorton Ed. B. D. Safford Vigeland Office 13 April 1830
Francis J. Johnson Esq. Comm. of Gen. Land Office
H. D.

Ed. R.
April 12 th 1830
Sir,
I enclose some papers in behalf of the widow of Barthol. Garrison on Gurney. I presume he was entitled to twenty pounds and it is believed that he never drew any. If he should be entitled to any thing else you will please inform me. His widow is poor
Very Respectfully &c.
Yours &c.
J. W. G. Gilmour
If I have mistaken the proper office you will please give it the proper direction
Sir.

Bartholomew Garvin alias Garvey e N o 1652

State of Pennsylvania } the County of Westmoreland } Susanna
Personally appeared before me the Subscribers, a Just like of the peace, for said County, and made oath, in due form of law, that they are the children and heirs at law of Bartholomew Gurney a soldier in the Revolutionary War in the fourth Regiment of Artillery Pennsylvania Line, and that the said Bartholomew Gurney died 24 th May A D 1792. leaving a widow and children " Thomas Gurney, etc
children Sworn and Subscribed before me, this 12 th June 1832. James McCallagh
Westmorland County S.
Personally appeared before me, the subscribers, a Justice of the peace for the aforesaid County, William M c Geary Esq. and Matthew M c Laughlin esq. like and distinguished witnesses, and made oath, in due form of Law, that they are acquainted with the above mentioned Thomas Garney both the late Mrs. Garney and Ann Garney and that they are the reputed heirs at Law of Bartholomew Garney who died leaving a widow and children.
Given and subscribed before me, this  day of June A D 1830
James McCallagh

Westmoreland County ss
I Randal McLaughlin Prothonotary of the Court of Common Pleas in and for Westmoreland County Do hereby certify that James McCulloch Esquire before whom the within affidavits were made, was at the time thereof and now is an acting Justice of the Peace in and for said County duly Commissioned & Sworn, and to all whose official acts and deeds full faith and credit are due.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Greensburgh this Twentyfirst day of June A. D. 1830.
Randal McLaughlin Pro.
Bartholomew Garvin alias Garvey e No. 1652
Prison copied for Hon A Gilmore H R March 25. 1850

The Hon. J. Gilmore Sir
War Department Bounty Land Office April 13 th 1830
Your letter of yesterday's date, addressed to George Graham Esq., in relation to a claim for Bounty Land by the heirs of Bartholomew Garvey or Garvin, has, together with its enclosures, been referred to this Office —
In reply I have to inform you that the name of Bartholomew Garvin is returned on the Records of the Penn a line as entitled to Bounty Land from the U. States, but that, the application submitted by the heirs, is not in the form prescribed by the rules of this Office; moreover, the Petition and Affidavits are all in the name of Garvey , and differ from the name given in the Certificate of the Auditor Gen l . — It becomes necessary therefore, that these differences should be satisfactorily reconciled and the application made in the true name. — For this purpose I herewith send you "Regulations", necessary to be complied with on the part of the heirs, which when properly authenticated, and returned to this Office, the claim will meet with due attention.
It is proper here to acquaint you that, the Act of Congress authorising the issue of Military Bounty Land Warrants to the Officers and Soldiers of the Revolutionary Army, expired by

limitation on the 4 th of March last, consequently, no Land Warrants of the Revolutionary Class can issue, until the Law in relation thereto, be revived —
The Papers sent by you (with the exception of the United General Certificate) are herewith returned
I have the honor to be Sir
Your ob t Serv t
W m Gordon

Rev WIDOW, & Co.
File No. 23078
Eleanor Garvey Widow of Bartholomew Garvey Rev Rev War
Act: July 4 th 1836
Index:—Vol. A Page 266
[Arrangement of 1870.]

Claim of Thos S. Garvey.
Argued.
1. By Act of 4 July 1836. The marriage must be prior to June 1783. and before the last period of service. 2. Marriage before the 3 Nov 1783. of the husband continued in service till that time. 3. Marriage after last period of service and before the 1. Jany 1794. entitles widows to 5 years from 4 March 1836.
By act of 3 d March 1843, Sec. 1. extended 1 year from 4 March 1843.
By 17. June 1844, extended 4 years from 4 March 1844.
By 2. Feb 1848. Extended to widows for life. —
So that whether married before 1783. or not makes no difference if married before 1. Jany 1794. And if married at all, it must have been before 1794. as B. Garvey died in May. 1792.

The Proof
1. The service of Barth w Garvey.
This is proved by the fact of his heirs having drawn a land Warrant No 1652, in 1830; and is further proved now by the fact of his drawing a Donation tract of land in Penn'a. and the traditional evidence of the Witnesses.
2. The marriage of Eleanor Garvey & B. Garvey before the June 1783, or at least before 1. Jan'y 1794.
It is already proved, at the Land office that there was a marriage, and that that marriage was a legal one, otherwise how could the heirs, the children of that marriage have drawn a Warrant? If that fact be established the only remaining one is the time of the marriage, It is now proved in this application both by positive & traditional evidence, of the most respectable witnesses, that Barth w Garvey was killed by the Indians in May 1792, and that before that time he was the father of three children; and as a matter of course he must have been married before 1794.

3. The husband and death of Mrs. Garvey, (Proved by the deposition of Mr. McGeary & the Hon. Wm. Jack, who was formerly a member of Congress.)
It is submitted whether after a period of 70 years it is not impossible to furnish any other evidence of a marriage than general reputation, where there is proof by that applicant that there is no record proof of it. It is a well known fact that there were but few public records kept at that time, of marriages, and the private records are likely all to have perished before this, and are proved in this case to have perished.
After 30 years the law presumes witnesses to be dead. More than twice that time has elapsed, and in the course of nature all who were present at that marriage in 1782, 70 years ago must be dead.

At law reputation is sufficient evidence of a marriage, and that rule is founded on the necessity of the case. Courts do not hesitate to pass on the highest rights of property on such evidence, and in a case of such great antiquity as this; if direct positive proof of a marriage in fact be required, it will in all probability amount to a denial of a right to the heir at law of a revolutionary soldier . Not because the law of the land has not clearly given the right, but because a rule of evidence is established which the laws of nature render impossible to be complied with.
John Graham For Claimant